1. (a) Definitions. The following definitions were added:

   1. (1) “Challengers” means a:

      1. (A) Unit of local government;
      2. (B) Nonprofit organization; or
      3. (C) Broadband service provider (ISP);
   2. (2) “Point shapefiles” means shapefiles that show each proposed passing in the application area as a singular mapped point in the application or challenged area containing attribute data showing the addresses of each point;
   3. (3) “Polygon shapefiles” means shapefiles delineating the general project area or areas; and
   4. (4) “Received signal strength indicator (RSSI)” means an estimated measure of power level that a wireless client device is receiving from an access point or router.

2. (b) Project challenge information request process.

   1. (1)

      1. (A) The purpose of this process is to ensure the Arkansas Department of Commerce Broadband Office (“broadband office”) or its designee selects the best projects that truly bridge the digital divide in Arkansas.
      2. (B) This process is to gather additional information before making a final award.
      3. (C)

3. (i) To streamline this process, challengers must provide point and polygon shapefiles as defined in this part.

   1. (ii) All shapefiles or KMZs must be functional.

      1. (D) In addition, if someone submits information regarding a wireless project, the challenger is required to include shapefiles of heat maps indicating RSSI measures in the challenged area.
      2. (E) The broadband office or its designee may, at its discretion, require any other kind of file to complete its analysis.

   2. (2)

      1. (A) Planned service to a proposed project area is eligible for the purpose of a submission to the broadband office or its designee if:

         1. (i) State or federal funds have been awarded; or
         2. (ii) Private funds will be used within a reasonable period of time.
      2. (B) Additionally, the provider must be committed to providing service to the areas using private, state, or federal funds.
      3. (C) Areas adjacent to private, state, or federally funded areas may be eligible to submit information to the broadband office or its designee if the challenger demonstrates, to the broadband office’s or its designee’s satisfaction, existing awards or a self-funded project will cover the adjacent area.
      4. (D) The challenger must commit to serving the adjacent areas, in writing, at speeds of one hundred megabits per second (100 Mbps)/one hundred megabits per second (100 Mbps) symmetrical or greater.
      5. (E) The challenger may be required to enter into a written agreement with the state to complete the adjacent project within a certain time frame.
      6. (F) The state will not issue awards in the adjacent area as consideration for the agreement.

   3. (3)

      1. (A) The broadband office recognizes the nature of wireless projects has an inherent potential for overlap.

      2. (B)

         1. (i) Recognizing the unique circumstances of this technology, wireless projects will be allowed to exceed the twenty-five percent (25%) overlap allowance of existing networks, provided the wireless signal strength, measured in RSSI, is less than -90 in those areas.
         2. (ii) It is the determination of the broadband office that RSSI measures below -90 are unable to reliably deliver broadband.
      3. (C) The broadband office or its designee will post ARC projects, for challenges, twenty (20) business days following the announcement of the challenge information request.
      4. (D) The announcement will be on the broadband office’s website or its designee’s website.
   4. (4) Challengers wishing to submit information to the broadband office or its designee must provide the required information in this section no later than 5:00 p.m., twenty (20) business days after posting ARC projects – no exceptions.

   5. (5)

      1. (A) Providers wishing to submit information to the broadband office or its designee on multiple applications must submit information separately for each application.
      2. (B) Challengers can submit information to the broadband office or its designee concerning portions of a proposed project area without invalidating the entire project.

      3. (C) The broadband office or its designee reserves the right to:

         1. (i) Invalidate a portion or portions of a proposed project area;
         2. (ii) Aggregate challenges by different providers to determine the percentage of serviceable units served in a proposed project area; and
         3. (iii) Invalidate insufficient submissions.

      4. (D)

         1. (i) Challengers must demonstrate that:
4. (a) (a) More than ten percent (10%), for wireline projects, or twenty-five percent (25%), for wireless projects, of serviceable units in the project area have access to speeds at or above 100/20 Mbps as of the date of the application; or

5. (b) (b) The application is ineligible because of committed state or federal funding subject to the conditions described above.

   1. (ii) These percentages may be changed by the broadband office or its designee based on the funding source and federal guidance.

   2. (6)

      1. (A) The broadband office or its designee must receive all the information detailed below or the submission will be deemed incomplete and invalid.

      2. (B) Challengers must provide:

         1. (i) A signed and notarized affidavit affirming the attached information is true;
         2. (ii) Current Federal Communications Commission Form 477 or equivalent;
         3. (iii) Minimum/maximum speeds available for residents and businesses in the proposed project area;
         4. (iv)
6. (a) (a) Number of serviceable units within the proposed project area.

7. (b) (b) Provide the speeds those serviceable units can receive, including the technology, i.e., fiber, fixed wireless, etc.;

   1. (v) Street-level data of customers receiving service within the proposed project area;

      1. (vi)
8. (a) (a) Point shapefiles that show each proposed passing in the questioned area, designated by a singular mapped point, in the questioned area containing attribute data showing the addresses of each point.

9. (b) (b) Polygon shapefiles delineating the area or areas of concern;

   1. (vii) For wireless providers – Heat maps indicating RSSI in the challenged area;

      1. (viii)
10. (a) (a) Using the project area map submitted by the applicant, create a map indicating where the challenger’s serviceable units are in the proposed project area.

11. (b) (b) Challengers are encouraged to submit additional maps and information if necessary; and

    1. (ix) If submitting due to planned private, state, or federal funding, documentation detailing commitment to provide service in or adjacent to the proposed project area is required.

    2. (7)

       1. (A) The broadband office or its designee reserves the right to request verified speed tests on all or a portion or portions of the questioned area.
       2. (B) The broadband office or its designee reserves the right to require any awardee to rescope its ARC application/project footprint and amend funding request post award.
       3. (C) The broadband office or its designee may also require any applicant to alter its project and funding request if it is in the best interest of the state.

       4. (D) After all information has been submitted and reviewed, the broadband office or its designee will evaluate the additional information to determine if it will let the project footprint:

          1. (i) Stand;
          2. (ii) Be altered; or
          3. (iii) Be removed.
       5. (E) The broadband office or its designee, after administrative review, will post the final project areas no later than 5:00 p.m. two (2) weeks after all information has been evaluated.
       6. (F) Due to the volume of applications and submissions there can be necessary delays to this timeline.

Codification Notes: "ARC" means Arkansas Rural Connect Broadband Grant Program.